Digital Commons Network^™

Punishment Evidence: Grunsfeld Ten Years Later., Edward L. Wilkinson

St. Mary's Law Journal

This Article deals with the admissible evidence during the punishment phase of a non-capital trial in Texas. In 1989, the Texas Legislature amended Article 37.07, Section 3(a) of the Texas Code of Criminal Procedure to widen the scope of evidence admissible during the punishment phase of a non-capital trial. Grunsfel v. State, the leading case, the Court of Criminal Appeals interpreted the statute so narrowly as to render the changes meaningless. In 1993, the legislature amended the statute a second time; it provided for a more expansive range of evidence to be introduced, but deleted a critical definition of what …

The Seat Belt Defense In Texas., Brian T. Bagley

St. Mary's Law Journal

This Comment calls upon Texas courts to recognize the seat belt defense as a form of comparative responsibility. It has become standard procedure for Americans riding in motor vehicles to “buckle up.” Seat belt usage has risen since 1994, steadily increasing to seventy-five percent in 2002, with an increase of two percent in the last year alone. Many American jurisdictions, however, still refuse to allow evidence of seat belt use or nonuse to be considered in civil suits. Courts do not allow the failure to wear a safety belt in violation of the mandatory seat belt usage statute to be …

Legal Malpractice: When The Legal System Turns On The Lawyer Third Annual Symposium On Legal Malpractice & Professional Responsibility: Essay., Jennifer Knauth

St. Mary's Law Journal

What happens when a lawyer becomes a defendant in a legal malpractice case? Much has been written about the shortcomings of the adversary system as measured against its theoretical goals and assumptions. One significant assumption underlying the adversary system is that there is an equal playing field among litigants. The reality of a legal malpractice case is at odds with this ideal. The prevailing cultural bias against lawyers as gatekeepers and beneficiaries of the legal system permeates every aspect of a legal malpractice case. One effect of this cultural bias is the lawyer-defendant's very personal and disproportionate experience with the …

Ethical Issues In Judicial Campaigns Third Annual Symposium On Legal Malpractice & Professional Responsibility: Symposium Presentations., Micahel E. Keasler

St. Mary's Law Journal

Abstract Forthcoming.

Confidentiality, Corporate Counsel, And Competition Law: Representing Multi-National Corporations In The European Union Third Annual Symposium On Legal Malpractice & Professional Responsibility: Symposium Presentations., Sue Bentch

St. Mary's Law Journal

Professional ethics for corporate counsel in the European Union (EU) differs from the standards required in the United States. Consequently, conflicts may arise when US corporations deal with EU countries. For instance, if an issue regarding confidentiality emerges, the company bears the burden to prove to the European Commission that a particular document is protected from disclosure. Under EU’s Regulation 17, the European Commissioner has broad powers to investigate and adjudicate suspected violations of EU competition law. The Commissioner is the equivalent of an investigator, prosecutor, judge, and jury, all rolled into one. If a communication from a company was …

Playing The Probate Card: A Plaintiff's Guide To Transfer To Statutory Probate Court., Joseph R. Marrs

St. Mary's Law Journal

Plaintiffs and defendants in tort litigation by or against a probate estate can be better-litigated in statutory probate court. Since the 1970s, Texas probate courts have steadily risen to power. The Texas Supreme Court attempted to curtail this practice in Seay v. Hall. The Texas legislature overruled Seay and continued to expanded the jurisdiction of statutory probate courts. Despite the continuing “merry dance” between the legislation and judicial review, the legitimate purpose of expanding lawsuits to probate court remains that of efficiently resolving lawsuits linked to guardianship or decedents’ estates while preserving all parties’ interests. The author uses an example …

Civillity In The Legal Profession: A Survey Of The Texas Judiciary., Catherine M. Stone, Kimberlyl S. Keller, Shane J. Stolarczyk

St. Mary's Law Journal

Abstract Forthcoming.

Introduction: The Triangulation Of International Intellectual Property Law: Cooperation, Power, And Normative Welfare, Peter M. Gerhart

Case Western Reserve Journal of International Law

No abstract provided.

Distributive Politics And International Institutions: The Case Of Drugs, Eyal Benvenisti, George W. Downs

Case Western Reserve Journal of International Law

No abstract provided.

Securing The Future Of Intellectual Property: Intellectual Property Owners And Their Nodally Coordinated Enforcement Pyramid, Peter Drahos

Case Western Reserve Journal of International Law

No abstract provided.

Bilateralism In Intellectual Property: Defeating The Wto System For Access To Medicines, Carlos M. Correa

Case Western Reserve Journal of International Law

No abstract provided.

Trips And The Dynamics Of Intellectual Property Lawmaking, Graeme B. Dinwoodie, Rochelle C. Dreyfuss

Case Western Reserve Journal of International Law

No abstract provided.

Mediating Interactions In An Expanding International Intellectual Property Regime, Laurence R. Helfer

Case Western Reserve Journal of International Law

No abstract provided.

Defining Terrorism As The Peacetime Equivalent Of War Crimes: Problems And Prospects, Michael P. Scharf

Case Western Reserve Journal of International Law

No abstract provided.

State Actors In An International Definition Of Terrorism From A Human Rights Perspective, Bruce Broomhall

Case Western Reserve Journal of International Law

No abstract provided.

Water Now: The Impact Of Israel's Security Fence On Palestinian Water Rights And Agriculture In The West Bank, Andrew R. Malone

Case Western Reserve Journal of International Law

No abstract provided.

Mx: Democracy, Religion, And The Rule Of Law-My Journey, Edwin B. Firmage

Utah Law Review

This is my story of the defeat of the MX missile's proposed basing mode in the Great Basin of the West. Where to begin? I'm reflecting on cancer and MX at this moment. About journeys where we would not go but do. Beginnings are not easy, though the first verses of Genesis and John make them sound so. What was the beginning? A speech? An article? A movement or an organization? My beginning with MX was not when a 1980 press conference was finally held and a blue ribbon committee was announced at the Utah State Capitol.

The Children Of Art (Assisted Reproductive Technology): Should The Law Protect Them From Harm?, Jennifer L. Rosato

Utah Law Review

Assisted reproductive technology ("ART") has been in existence for twenty-five years with very little oversight or regulation. During this time, many infertile couples, gay and lesbian couples, and single parents have benefited from these procedures, which include in vitro fertilization ("IVF") and intracytoplasmic sperm injection ("ICSI"). In the year 2001, 107,587 ART cycles were reported, which represents a sixty-six percent increase from 1996. This number is likely to increase even further as more older couples try to conceive and more clinics begin to offer ART services. Consequently, fertility is one of the fastest growing areas of medicine.

Foucault's Approach To Power: Its Allure And Limits For Collaborative Lawyering, Ascanio Piomelli

Utah Law Review

This Article examines the considerable influence that French philosopher Michel Foucault's conceptualization of power has had on U.S. theorists of lawyering for social change. Led by Professors Gerald L6pez of New York University and Lucie White of Harvard, a substantial literature has emerged in the past two decades urging progressive lawyers to reshape their lawyering practices to collaborate more closely with clients and community groups. Proponents of this model of activist law practice have often invoked Foucault and acknowledged that his ideas about power underlie and inform their visions of lawyering. But until this Article, theorists of collaborative lawyering have …

Our Toxics Regulatory System And Why Risk Assessment Does Not Work: Endocrine Disrupting Chemicals As A Case In Point, Valerie J. Watnick

Utah Law Review

Our current toxics regulatory system is based on the fundamental premise that the public expects a high degree of safety-close to absolute safety 2-in the regulation of toxins in our environment. To implement a system based on this fundamental assumption, we assume further that we can use risk assessment to develop "health-based" safety standards and use command and control regulation to implement them. This Article suggests that the fundamental premise that we can and should develop and apply standards that ensure safety to human health in our toxics regulatory schemes has little basis in current political and scientific reality. Politically, …

Studies On Myxozoan Parasites Of Freshwater Fish And Invertebrate Hosts, Matthew Longshaw

School of Biological and Marine Sciences Theses

A study of myxozoan parasites has been investigated in hosts from freshwater environments in the UK. Over 17,000 oligochaetes, almost 5,000 juvenile cyprinids representing 7 species and over 60 invertebrate species have been examined for the presence of myxozoan parasites. In addition, studies on the lifecycle of Tetracapsuloides bryosalmonae (the causative agent of salmonid proliferative kidney disease, PKD) and of selected cyprinid myxozoans were conducted. A total of 21 actinospore types in seven collective groups were isolated and described from oligochaetes collected from seven different river systems in England and Wales. Twelve of the actinospores isolated appear to be new …

Responses Of The Decapod Crustacean, Carcinus Maenas, Following Exposure To Environmental Contaminants. Development And Application Of Multiple Biomarkers., Giles Marcus Watson

School of Biological and Marine Sciences Theses

Marine, coastal and estuarine ecosystems continue to be contaminated by anthropogenic chemicals. Improving our mechanistic understanding of the toxicity of environmental pollutants to aquatic organisms is therefore an important priority. This work is focussed on detecting and measuring the molecular, cellular and physiological responses of the shore crab Carcimis maenas following exposure to environmental chemicals, and uses biomarkers to do so. To better understand the response of C.maenas to polycyclic aromatic hydrocarbons (PAHs) a novel biomarker of exposure to this class of compounds was developed. Direct fluorimetric techniques revealed that the shore crab C.maenas eliminated metabolites of pyrene in the …

Biomarkers Of Chemical Impacts In The Freshwater Invertebrates Asellusaquaticus And Pacifastacus Leniusculus, Anne Jennie O'Neill

School of Biological and Marine Sciences Theses

The international scientific community has grown increasingly concerned that exposure to low levels of anthropogenic chemicals may disturb hormone function and/or sub lethal toxicity to other cells or organ systems in vertebrate and invertebrate species. This research programme was designed to develop, evaluate, and apply a range of biological and chemical indicators in the laboratory and/or field to assess the impact of sublethal toxicants including potential endocrine disaipting chemicals in the aquatic invertebrates, Asellus aquaticus (isopod) and Pacifasiacus leniiisciiius (decapod). Laboratory exposures of A. aquaticiis to environmentally realistic concentrations of known contaminants present within the river systems have demonstrated a …

Evaluation Of The Role Of Soluble And Insoluble Dietary Fibres In Affecting The Physico-Chemical And Nutritional Characteristics Of Cereal And Dairy Based Food Products, Carmen-Mirela Tudorica

School of Biological and Marine Sciences Theses

Current dietary guidelines recommend high dietary fibre (DF), low fat and low glycaemic index (GI) diets as means to prevent or manage diet related chronic diseases which have become increasingly frequent amongst younger individuals. However there is a shortage of such products on the market. This study investigates the behaviour of DF in cereal and dairy systems with the aim to screen for DF ingredients that may lead not only to nutritionally valuable, but also to good quality, palatable functional foods. A range of insoluble and/or soluble DF was used in cereal (bread and pasta) and milk (fresh cheese and …

A Glimpse Behind And Beyond Grutter, Evan H. Caminker

Articles

Many people have suggested that the recent battle over affirmative action was a defining moment for the contemporary relevance of Brown v. Board of Education and that it would determine the promise and potential for widespread societal integration. In my remarks, I want to comment upon a couple of comparisons and links between the Brown, Bakke, Grutter, and Gratz cases.

From Ltoj : The Effects Of An Assessment Approach On Student Achievement In Mathematics At The Middle School Level, Toni Andersen

Graduate Research Papers

This study investigated the effectiveness of the assessment approach From LtoJ as applied to the development of procedural skills and conceptual understandings in mathematics at the eighth grade level. The focal question of this study was: Does the literature support the assessment process used in the From LtoJ program? The information was gathered from approximately one hundred students taking pre-algebra in a three-year span. The curriculum database focused on the essential information a student must acquire in the areas of curriculum vocabulary and concepts, as well as their computational ability with fractions. Each week, random items were selected from the …

Literacy Instruction In First Grade Classrooms : Teachers Trained In Reading Recovery In Comparison With Teachers Who Have Not Been Trained, Trisha Fuelling

Graduate Research Papers

This investigation attempts to demonstrate the importance of having trained Reading Recovery teachers in first grade classrooms. Reading education has always been a vital part of curricula in school districts across America. Successful reading requires numerous basic processes, such as the identification of letters, the mapping of letters onto sounds, word decoding, the recognition of words, and the use of syntax and semantic cues. Several areas of learning such as emergent literacy also facilitate the process of reading. Reading involves recognition of visual patterns-groups of words, word parts, clusters of letters and single letters. Reading also involves knowledge of the …

The Effects Of Homogeneous Grouping Practices On Talented And Gifted Students, Angela Kurt-Sconsa

Graduate Research Papers

The purpose of this literature review was to examine research findings about the effects of homogeneous grouping practices on gifted students. As school budgets have been cut, many gifted programs across the country have been impacted. Also, as tracking has become a political faux pas, many gifted programs have been eliminated.

The following are recommendations for education policy makers: realize that one teacher cannot do it all in a classroom with a wide range of abilities; know that content, in addition to grouping, is a main factor in students' advancement; remain flexible with grouping and programming; and try to overcome …

Implementation Of Literature Circles, Dawn Lewis

Graduate Research Papers

Literature circles are a current and effective technique requiring a group of students to read the same text and then meet to discuss their thoughts on what they read. The purpose of the project is to explain to teachers the components of literature circles and the benefits they have for students. The project will look specifically at what both the student and teachers roles' should be throughout the implementation. It will also inform teachers of different ways to incorporate literature circles into their own classroom.

Integrating Technology Into Literature Circles, Carrie A. Lutkenhaus

Graduate Research Papers

The purpose of this project is to develop a series of in-services that train middle school literature teachers in the integration of technology into literature circles. A staff development workshop was created to coincide with the Fort Dodge Community School District reading improvement goal. The audience for this staff development workshop will include eight fifth and sixth grade teachers from Fair Oaks Middle School. A review of the literature concerning literature circles and the integration of technology confirmed that the integration of technology into literature circles would have a positive effect on the literature classroom. Literature circles and the integration …